P.P. and Department of Agriculture, Food Safety and Inspection Service (Board decision, October 15, 2024)
Board grants withdrawal of appeal (ECAB 24-0796)
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This is citable Board precedent from 2024, and it may have been appealed since. Ezel checks how it stands today and answers your situation, with citations.
ECAB final decision. The Board dismissed the appeal after the worker requested its withdrawal. This dismissal ends the Board appeal; it does not decide the underlying compensation claim. Under 20 C.F.R. § 501.6(d), Board decisions and orders become final after 30 days. A party may petition the Board for reconsideration within 30 days unless the order specifies another period, under 20 C.F.R. § 501.7(a).
Plain-English summary
A Food Safety and Inspection Service employee appealed a June 2024 OWCP decision. The employee later asked to withdraw the Board appeal. The Board granted the request and dismissed the appeal without addressing the merits of the OWCP decision.
Decision snapshot
- Authority: Federal Employees' Compensation Act, 5 U.S.C. § 8101 et seq.
- Outcome: Appeal dismissed at the appellant's request.
- Key point: The withdrawal request ended this Board appeal without a merits ruling.
Full text (ECAB public release)
United States Department of Labor
Employees’ Compensation Appeals Board
________
)
P.P., Appellant
)
)
and ) Docket No. 24-0796
)
Issued: October 15, 2024
DEPARTMENT OF AGRICULTURE, FOOD
)
SAFETY AND INSPECTION SERVICE,
)
Minneapolis, MN, Employer
)
__________ )
Appearances: Case Submitted on the Record
Appellant, pro se
Office of Solicitor, for the Director
ORDER DISMISSING APPEAL
Before:
ALEC J. KOROMILAS, Chief Judge
VALERIE D. EVANS-HARRELL, Alternate Judge JAMES D. McGINLEY, Alternate Judge
On July 31, 2024 appellant filed a timely appeal from a June 24, 2024 merit decision of the Office of Workers’ Compensation Programs (OWCP). The Clerk of the Appellate Boards assigned the appeal Docket No. 24-0796.
By letter dated September 23, 2024, received by the Board on September 30, 2024, appellant requested that the appeal be withdrawn.1
The Board has duly considered the matter, and concludes that appellant’s request for the withdrawal of the appeal should be granted. 2 Accordingly,
1
The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance.
20 C.F.R§ 501.6(d).
2
The Board’s decisions and orders are final upon the expiration of 30 days from the date of their issuance. 20 C.F.R.
§ 501.6(d).
IT IS HEREBY ORDERED THAT appellant’s request for the withdrawal of the appeal is granted. The appeal docketed as No. 24-0796 is dismissed.
Issued: October 15, 2024
Washington, DC
Alec J. Koromilas, Chief Judge
Employees’ Compensation Appeals Board
Valerie D. Evans-Harrell, Alternate Judge Employees’ Compensation Appeals Board
James D. McGinley, Alternate Judge
Employees’ Compensation Appeals Board
2
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